Business Litigation

From the boardroom to the courtroom, Womble Carlyle helps business clients succeed in sophisticated business litigation, with a focus on keeping costs in check.
 
Womble Carlyle is at the forefront of the Association of Corporate Counsel’s Value Challenge, which seeks to better align legal services with the needs of corporate clients. So we understand how to help businesses control costs and mitigate risks in complex litigation.
 
More than 70 attorneys, many of them veteran litigators with decades of courtroom experience, give clients the bench strength and knowledge to solve large, complex business litigation challenges and achieve the agreed-upon business outcome. We also counsel clients to identify potential problems and avoid litigation when possible. When litigation is necessary, our team tries cases and works them through appeal.
 
Team members work with attorneys in Womble Carlyle’s other practice groups, including Product Liability Litigation, Environmental, Energy & Toxic Tort Litigation and Bankruptcy and Creditors’ Rights to meet any litigation need businesses may have.
 
While our business litigation clients include Fortune 500 corporations, we also represent many middle market companies, particularly within our geographic footprint of the Southeastern and Mid-Atlantic U.S.
 

Areas of Business Litigation

  • Antitrust Litigation involving alleged price-fixing, illegal tying, monopolies, predatory pricing and other antitrust litigation disputes.
  • Appellate Litigation, helping clients pursue remedies in federal and state appeals. Led by a former Chief Justice of the North Carolina Supreme Court, our Appellate Practice performs appellate work on behalf of the firm’s diverse clientele as well as for clients who hire us for the first time on appeal.
  • Aviation Litigation, including defending airframe, engine and component part manufacturers, airlines, pilots, maintenance providers and insurers in commercial and general aviation accident cases and contract disputes for aviation industry clients. We work closely with Womble Carlyle’s Product Liability Practice Group on these cases.
  • Class Actions, including securities fraud, financial services, tax issues and shareholder rights
  • Construction Litigation, representing builders, products manufacturers, architects, engineers and construction professionals. Our experience includes successfully resolving multi-million dollar construction litigation disputes.
  • Domestic Relations Litigation (including representation of parties involved in the high net worth and/or complex equitable distribution of property). We represent business executives in sensitive, complex domestic matters, such as ownership disputes and divorces requiring the division of significant assets and business interests. Also, we represent financial institutions in disputes over fiduciary duties to trusts and estates, and disputes involving investment accounts.
  • Environmental Litigation, including clean-up costs claims, operational permit matters and defense of businesses in wrongful death, property damage and personal injury claims related to environmental issues.
  • ERISA Litigation surrounding complex, specialized Employee Retirement Income Security Act (ERISA) disputes.
  • Financial Services Litigation, representing banks and other financial institutions in a wide range of banking litigation. We also represent lenders in defending claims under federal and state home loan protection acts, unfair and deceptive trade practices acts, and other significant state and federal laws (such as the Fair Credit Report Act and Fair Debt Collection Practices Act) that impact consumer financial services. In addition, we represent financial institutions in litigation involving lender liability disputes, bank operations and collections, complex commercial foreclosures, and UCC Article 3 and 4.
  • Insurance Litigation, representing corporate policy holders and insurers in complex litigation involving insurance coverage (including D&O coverage), reinsurance and bad faith claims.
  • International Arbitration and Litigation in Europe, Asia and Latin America. Our attorneys have represented clients before the ICC International Court of Arbitration, the Arbitration Institute of the Stockholm Chamber of Commerce, the College of Mediators of Lex Mundi and other international courts and arbitration bodies.
  • Local Government Litigation, representing city councils, county boards of commissioners and boards of education in tort cases filed in state and federal courts (with the assistance of members of other firm practice groups.)We also defend local law enforcement agencies in civil suits stemming from actions performed in the line of duty, such as police shootings, deployment of police dogs, use of force, asset forfeiture and search and seizure matters.
  • Real Estate Litigation representing landowners, developers, financial institutions and others in disputes ranging from complex commercial foreclosures to boundary, easement and restrictive covenant disputes, leasing disputes, lien disputes, and other land use matters, including wetlands and similar environmental land use.
  • Securities Litigation, including representing clients in SEC inquiries and arbitration proceedings before the NYSE and NASD. We have litigated securities fraud, insider trading, accounting fraud and stock manipulation defenses; represented clients in securities class actions; and defended corporations and their directors against stockholder derivative lawsuits as well as actions asserting claims of breach of fiduciary duty.
  • Software and IT Litigation, resolving IT and software-related disputes related to breach of license, breach of warranty, violations of trade secrets and allegations of defective products and implementation. We represent software designers and suppliers as well as purchasers and users of technology.
  • Telecommunications Litigation, assisting telecommunications clients in adversarial proceedings before courts, state utilities commissions and federal agencies, including the FCC.
  • UCC Litigation, assisting clients in such matters as settling contract disputes, collecting debts, resolving creditor and debtor rights issues, and defending against consumer fraud claims. We have considerable experience representing clients in disputes governed by the Uniform Commercial Code (UCC).
  • Internal Corporate Investigations and Business Crimes involving accusations of embezzlement, internal theft, tax evasion or other white collar crimes made against company executives. Our defense team includes veteran former prosecutors.

Litigation Support Services

These litigation services increase efficiencies, improve outcomes and save money:
  • Case Management Facility—The CMF organizes, tracks, searches and synthesizes the documents generated in complex mass tort litigation into information attorneys can use.
  • FirmLogic—Our FirmLogic team provides medical records collection and analysis, medical/scientific research and expert witness identification and development.
  • Trial Consulting—These services include focus groups, witness preparation, jury selection, trial assessment and issues identification to help attorneys both before and during a trial.
  • Document and E-Discovery Review—This dedicated team focuses on the affordable but highly efficient review and evaluation of documents required for trial.
  • Alternative Dispute Resolution—Headed by a former federal judge with more than 22 years on the bench, this team helps businesses with cost-effective mediation, arbitration and mock trials.
  • Strategic Communications—Led by veteran public relations professionals, this team assists with media relations, internal messaging and crisis communications.
  • Litigation Settlement Administration—Our experienced team provides cost-effective administration of mass tort litigation settlements.

Representative Cases

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Class Actions
  • Working on behalf of banking client to get a putative class action dismissed, and a motion to compel arbitration and enforce customers class action waiver granted.
  • Represented national rental car company in defending mass action by consumer automobile purchasers against South Carolina automobile dealers.
  • Served as lead counsel in a class action suit filed against a financial institution.
Trade Practices
  • Successfully represented telecommunications client in trials in five states (Alabama, Georgia, Kentucky, North Carolina and South Carolina) regarding right to compete for long distance service under the Telecommunication Act of 1996.
  • Class certification denied in case alleging bait and switch tactics by mortgage broker.
  • Won a summary judgment in the U.S. District court for the Eastern District of Virginia on behalf of a residential mortgage banking company, dismissing claims of violations of TILA and Regulation Z.
  • In an appeals case, represented many of the nation’s leading muffler shop franchisors. The appeal vacated a $400 million judgment against the franchisor.
  • Brought a landmark federal suit challenging hidden camera techniques employed by ABC’s Prime Time Live. A jury found in the client’s favor on all counts.
Shareholder Rights
  • Successfully defended a publicly held technology company in three separate jury trials against claims that early investors were entitled to an ownership interest in the company.
  • Represented a publicly-held soft drink company in an eight-figure dispute with a canning cooperative concerning shareholder rights.
Constitutional Law
  • Defended client in a challenge to the constitutionality of tax credits and other incentives which lured a new computer manufacturing facility to Winston-Salem, N.C. Represented by Womble Carlyle, the client prevailed in the initial case, again on appeal and finally before the North Carolina Supreme Court.
  • Representing client in a pending state court challenge to the constitutionality of economic incentives, including tax exemptions and job development grants, which lured client to open a new facility in North Carolina.
  • Successfully defended the state statute capping punitive damages against constitutional challenges mounted by the plaintiffs’ bar. The North Carolina Supreme Court rejected all of those challenges.
Alternative Dispute Resolution
  • Represented a national developer/home builder in an arbitration of multimillion dollar claims and counterclaims related to construction site work of an upscale residential project including 650 homes, a marina, and golf courses.
  • Oversaw an international arbitration on behalf of a leading flooring manufacturer. Following a successful arbitration hearing, the opposing party paid a settlement of $6.75 million.